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Legal control of pollution from North Sea petroleum development
Volume 9 / N u m b e r 6,, June 1978
Similarly, the overall a b u n d a n c e o f i n d i v i d u a l s a n d species per s a m p l e was within the expected ranges for areas where similar s e d i m e n t characteristics a n d s a m p l i n g m e t h o d s prevailed.
Conclusions T h e survey h a d two aims: to p r o v i d e benthic ecological d a t a as b a c k g r o u n d to m a n ' s p o s s i b l e future usage o f the C o v e a n d to assess the state o f the b e n t h i c c o m m u n i t y in the a f t e r m a t h o f earlier o r g a n i c p o l l u t i o n . A n o t h e r p u b l i c a t i o n will deal m o r e fully with the first objective. A l t h o u g h no i n f o r m a t i o n is a v a i l a b l e in the l i t e r a t u r e c o n c e r n i n g the b e n t h o s d u r i n g w h a l i n g times, that the b e n t h o s was adversely a f f e c t e d is s t r o n g l y suggested by c o m p a r i n g evidence f r o m S w e d e n a n d S o u t h A f r i c a . Since the C o v e s i t u a t i o n now a p p e a r s n o r m a l for an A n t a r c t i c s i t u a t i o n , it m u s t be c o n c l u d e d that the m a c r o b e n t h i c c o m m u n i t y has recovered to a state indiscernible f r o m the n a t u r a l within s o m e eight years a f t e r p o l l u t i o n ceased. C o n s e q u e n t l y , there seems no r e a s o n to suggest that these l o w - t e m p e r a t u r e ecosystems are m a r k e d l y less able to recover f r o m this f o r m o f e n v i r o n m e n t a l stress t h a n m o r e t e m p e r a t e equivalents. If correct, this o b s e r v a t i o n m a y have i m p o r t a n t implications in terms o f benthic p r o d u c t i o n a n d p h y s i o l o g i c a l a d a p t a t i o n to the p o l a r e n v i r o n m e n t . Barnett, P. R. O. & Hardy, B. L. S. (1967). A diver-operated quantitative bottom sampler for sand macrofaunas. Helgoli~nder wiss. Meeresunters., 15,390-398. Curtis, M. A. (1975). The marine benthos of arctic and sub-arctic continental shelves. Polar Rec., 17, 595-626.
Marine PollutionBullettn. Vol.9. pp. 153-156 ~ PergamonPressLtd. 1978.Printed in Great Britain
Christie, N. D. & Moldan. A. (1977). Effects of fish factory effluent on the benthic m a c r o f a u n a of Saldanha Bay. Mar. Pollut. Bull., 8, 41--45. Everson, 1. (1977). Antarctic marine secondary production and the p h e n o m e n o n of cold adaptation. Phil. Trans. R. Soc. B., 279,
55-66. Gallardo, V. A. & Castillo, T. G. (1968). Mass mortalit~ in the benthic infauna of Port Foster resulting from the eruptions in Deception Island (South Shetland Islands). PubL Inst. antdrt, chil., 16, 11. Green, S. W. (1964). The vascular flora of South Georgia. British A ntarctic Survey Scientific Reports, 45, 58. Hardy, A. (1967). Great Waters. Collins, London. Hardy, P. (1972). Biomass estimates for some shallow-water infaunal communities at Signy Island, South Orkney Islands. British A ntarctic Survey Bulletin, 31, 93-106. Lewis Smith, R. 1. & "~'alton, D. XV. H. (1975). South Georgia, Subantarctic. In Structure and Function o f Tundra Ecosystems RosswaH, T. & H e a l O. W. (eds.). Ecol. Bull (Stockholm), 20, 399-423. Mackie, P. R., Platt, H. M. & Hardy, R. (1978). Hydrocarbons in the
marine environment. II. Distribution of n-alkanes in the fauna and environment of the sub-Antarctic island of South Georgia. Estuar. Coastal mar. Sci., in press. Mackintosh, N. A. (1965). The Stocks of Whales. Fishing News (Books), London. Mills, E. L. (1975). Benthic organisms and the structure of marine ecosystems. J. Fish. Res. Bd Can., 32, 1657-1663. Ommanney, F. D. (1971). Lost Leviathan. Hutchinson, London. Platt, H. M. (1978). Ecology of King Edward Cove, South Georgia: Macrobenthos and the benthic environment. Brit. Antarct. Survey Bull., in press. Rosenberg, R. (1976). Benthic faunal dynamics during succession following pollution abatement in a Swedish estuary. Oikos, 27, 414--427. Rosenberg, R. (1977). Benthic macrofaunal dynamics, production, and dispersion in an oxygen-deficient estuary of West Sweden. J. exp. mar. BioL Ecol., 26, 107-133. Thorson, G. (1936). The larval development, growth, and metabolism of Arctic marine bottom invertebrates. Meddr. Gronland. 100, 1-155. Zenkevich, L. A. (1963). Biology of the seas of the USSR. Allen & Unwin, London.
0025-326X/78/0601-0153502.00/0
Legal Control of Pollution from North Sea Petroleum Development VICTOR FITZMAURICE D e p a r t m e n t o f P u b l i c International L a w , University o f E d i n b u r g h , S o u t h Bridge, E d i n b u r g h E H 8 9 Y L , S c o t l a n d
Norwegian and British laws relevant to the control of marine pollution from North Sea petroleum development are briefly described. The emergence of law intended to reduce the probability of pollution from equipment failure or human error is noted, and suggestions are made to increase the effectiveness of this approach.
The Weight Accorded to Pollution Prevention
A n i n v e s t i g a t i o n by the N o r w e g i a n G o v e r n m e n t is now in p r o g r e s s to a s c e r t a i n the cause o f the E k o f i s k blowout a n d to r e c o m m e n d a c t i o n to r e d u c e the p r o b a b i l i t y o f f u t u r e incidents. W h e t h e r the cause is f o u n d to be e q u i p m e n t failure, h u m a n e r r o r or a c o m b i n a t i o n o f the two, it is suggested t h a t the cause itself will be f o u n d to be m e r e l y the c u l m i n a t i o n o f events w h i c h themselves m u s t be e x p l a i n e d . This p a p e r e x a m i n e s the role o f law in r e g u l a t i n g t w o factors t h o u g h t to be i m p o r t a n t d e t e r m i n a n t s o f the p r o b a b i l i t y o f p o l l u t i o n f r o m
G o v e r n m e n t s c a n use law to i m p l e m e n t their p o l l u t i o n p r e v e n t i o n policies by p r e s c r i b i n g s t a n d a r d s a n d practices, a n d b y p r o v i d i n g f o r c r i m i n a l or civil liability in the event o f n o n - c o m p l i a n c e . T h e resulting f r a m e w o r k will reflect the weight G o v e r n m e n t a c c o r d s p o l l u t i o n p r e v e n t i o n a n d i n d i c a t e the interest w h i c h i n d u s t r y is likely t o t a k e in p u r s u i n g this objective. Norwegian a n d British s t a n d a r d s a n d practices i n t e n d e d to p r e v e n t p o l l u t i o n c a u s e d by s e a b e d o p e r a tions are evolving. T h e earliest law was i n t e n d e d to r e g u l a t e the c o n d u c t o f licensees. T h e N o r w e g i a n
s e a b e d o p e r a t i o n s in the N o r w e g i a n a n d U n i t e d K i n g d o m sectors o f the N o r t h Sea: (1) the weight a c c o r d e d to p o l l u t i o n p r e v e n t i o n a n d , (2) the level o f technical expertise.
153
Marine Pollution Bulletin Decree of 1972 contains detailed provisions; ~ the UK approach was to embody specific requirements in Model Clauses inserted in licences 2. Several provisions in these instruments providing for Government authority over the licensee's activities are relevant to pollution control. For example, both instruments authorize Government control of installation siting, a power clearly relevant to the prevention of pollution which might occur as the result of a vessel-installation collision 3. The Petroleum (Production) Regulations contain provisions expressly concerned with marine pollution control, but the licensee's obligation is quite general, for example, the requirement that he 'execute all operations in or in connection with the licensed area in a proper and workmanlike manner in accordance with methods and practice customarily used in good oilfield practice' and that he take all steps 'practicable' to prevent the escape of petroleum 4. Under both the Norwegian and British approaches, the safety and pollution prevention provisions contained in instruments concerned with the licensee are complemented by requirements in other instruments enacted to promote safe offshore operations. The highly detailed 1975 Norwegian Decree relating to safe drilling practices 5 requires that during drilling, all necessary steps be taken to prevent such accidents as explosions or blowouts which might cause pollution. 6 Specific requirements are set out in the 1975 Decree (for example, the prohibition of drilling without blowout preventors) 7 as well as in subordinate regulations, s A Decree concerned with safety in production operations was enacted in 1976. 9 Both the drilling safety and production safety Decrees contain a provision which requires that 'special care' be taken to avoid pollution. I° The UK Mineral Workings (Offshore Installations) Act 1971 is much briefer than the Norwegian Decrees, relying upon subordinate instruments to incorporate detail. Included in this growing body of regulations are provisions concerned with blowout prevention and emergency procedures analogous to those found in the Norwegian Decrees.X~ The Norwegian and British approaches to the control of effluent discharges associated with production operations are similar. The 1976 Decree requires the licensee to 'purify' effluents in accordance with requirements set by the Ministry of Environment. ~2 Discharge standards for oily water effluents vary with each installation, depending in part upon the state of technology at the time of initial production. Thus, although the Ekofisk and the Statfjord Field licensees will be required to minimize oil discharged in connection with production according to the 'best available' technology, the former field which started production in 1971 will not be subject to the stricter discharge criteria planned for Statfjord. Under the British system, the absolute prohibition of oily discharges from installations provided by the Prevention of Oil Pollution Act 1971 has been qualified by a section of the Petroleum and Submarine Pipelines Act 1975 which permits the Secretary of State to make exemptions. ~3 The Department of Energy policy is that operators use the 'best practicable' means to minimize oil in discharged effluent. 14 The Department has recently stated that 'operators are normally required to 154
maintain the oil content of any discharge below an average of 40-50 ppm, and below 100 ppm for 96% of the time', depending upon the volume of the discharge.~S Although Norway has not yet published discharge standards, an official of the State Pollution Control Authority indicated to the writer that the Authority is considering a similar formula. The significant difference between the two approaches is the potential for a conflict of interest under the UK scheme. Whereas in Norway the Ministry of Environment is charged with standard setting, in the UK the Department of Energy must weigh the need for environmental protection against that of their primary task, the production of energy. This point was recently raised in the House of Lords, but a spokesman for Her Majesty's Government indicated that it was not a cause for concern and that 'there would be no advantage to be gained' in separating responsibility for oil production from that for prevention of oil pollution. 16 Violations of the laws described above may be an offence under penal law as well as resulting in licence loss. Under the Norwegian system, the licensee is subject to penal sanctions in the event that any of the above-menti6ned Decrees is violated, ~v and the 1975 and 1976 Decrees provide that he is responsible for the activities of a n y o n e carrying out activities for him, even independent contractors or subcontractors. ~s It is likely that under the present Norwegian law of torts, liability for pollution damage would be strict and unlimited. ~9 The licensee, the tortfeasor and the latter's employer would be jointly and severally liable for 'damage or inconvenience' caused by offshore operations. 2° British penal law applicable to the Acts and Regulations discussed above, though similar to that of Norway, differs in respect of persons subject to prosecution, zl Civil liability for pollution damage is subject to some uncertainty. At the present time it is questionable whether a British court would consider offshore oil development an ultrahazardous activity and therefore subject to a strict liability standard. This question will be resolved upon the enactment of legislation enabling Her Majesty's Government to ratify the 1976 Convention on Civil Liability for Oil Pollution Damage from Offshore Operations--at least for the important but limited case of damage caused by crude oil. 22
The Level of Technical Expertise Government establishment of technical standards for offshore oil development has been slow because it is the research and development efforts of the petroleum industry itself which to a great extent determine what is 'practicable'. Early law frequently employed the general industry standard, 'good oilfield practice' for procedures and equipment. This is changing, to some extent, as data derived from sources outside the petroleum industry, such as the Warren Spring Laboratory in the UK and vessel classification societies, become available to Governments. 23 Nevertheless, well-known examples of technological limitations which inhibit legal protection of the environment (such as standards possible for oil in effluent discharged from production platforms or the limited effectiveness of mechanical oil slick removal
Volume 9/Number 6/June 1978 e q u i p m e n t ) illustrate the need for intensified e f f o r t s - a n d p e r h a p s a new a p p r o a c h . Recent laws p r o v i d i n g for personnel q u a l i f i c a t i o n s are of p a r t i c u l a r i m p o r t a n c e to the r e d u c t i o n o f m a r i n e p o l l u t i o n a t t r i b u t a b l e to h u m a n error. T h e m o s t i m p o r t a n t o f the N o r w e g i a n laws presently in force requires that e m p l o y m e n t as a drill floor m a n be preceded by a theoretical a n d practical course of at least six weeks' d u r a t i o n i n c l u d i n g , a m o n g other subjects, b l o w o u t p r e v e n t i o n control. 24 I n the UK, a new M o d e l Clause in the Petroleum (Production) Regulations 1976 authorizes the Minister to issue i n s t r u c t i o n s to the licensee c o n c e r n i n g t r a i n i n g of employees. 25 Both G o v e r n m e n t s n o w require emergency drills as well. 26
Conclusion T h e present N o r w e g i a n a n d U n i t e d K i n g d o m legal regimes o f p o l l u t i o n c o n t r o l f r o m offshore p e t r o l e u m o p e r a t i o n s are n o t a b l e m o r e for their similarities t h a n their differences. E a c h sets out s t a n d a r d s a n d procedures a n d a t t e m p t s to p r o m o t e c o m p l i a n c e t h r o u g h the use of c r i m i n a l a n d c o n c e s s i o n a r y penalties, as well as by p e r m i t t i n g actions for damages. However, e n f o r c e m e n t r e m a i n s a weak point, a n d at present the o p p o r t u n i t i e s to recover c o m p e n s a t i o n for d a m a g e to the e n v i r o n m e n t are limited if a p r o p e r t y interest c a n n o t be proved. T h e initial legal f r a m e w o r k is being c o m p l e m e n t e d by emerging law which will reduce the p r o b a b i l i t y o f pollution resulting f r o m e q u i p m e n t failure or h u m a n error. It is suggested that efforts to i m p r o v e the legal p r o t e c t i o n of the N o r t h Sea e n v i r o n m e n t could be p r o f i t a b l y c o n c e n t r a t e d in the latter area. T e c h n o l o g i c a l i m p r o v e m e n t of e q u i p m e n t could be accelerated by enlisting the assistance of the scientific c o m m u n i t y a n d the marketplace. P e r f o r m a n c e objectives w o u l d be based o n a scientific d e t e r m i n a t i o n of the need for e n v i r o n m e n t a l protection. Bids w o u l d then be solicited f r o m all interested p a r t i e s - - i n d i v i d u a l , corporate, i n s t i t u t i o n a l , G o v e r n m e n t a l - - f o r the design a n d c o n s t r u c t i o n of e q u i p m e n t which w o u l d meet the specified objectives. It m a y h a p p e n that the desired objectives entail too high a cost, or are b e y o n d the limits of present technology. These are present l i m i t a t i o n s as well, however, a n d it is suggested that the p r o p o s e d scheme w o u l d lessen their i n f l u e n c e by i n t r o d u c i n g empiricism a n d c o m p e t i t i o n to the quest for e n v i r o n mental protection. A similar strategy is p r o p o s e d to i m p r o v e s t a n d a r d s for p e r s o n n e l p e r f o r m a n c e . It is suggested that the desirable b u t vague goal of ' n o p o l l u t i o n f r o m h u m a n error' be distilled into behavioural objectives. Behavioural objectives are m e a s u r e a b l e a n d w o u l d therefore greatly facilitate the assessment of t r a i n i n g needs a n d p e r s o n n e l development programmes. The establishment of b e h a v i o u r a l objectives a n d r e s u l t a n t t r a i n i n g prog r a m m e s by scientists, i n d u s t r y a n d G o v e r n m e n t w o u l d cost m o n e y . H o w e v e r , schemes which can be d e m o n strated to reduce m a r i n e p o l l u t i o n caused by h u m a n error w o u l d have c o m m e r c i a l value which, to some extent, c o u l d offset the costs i n c u r r e d in their developm e n t a n d a p p l i c a t i o n . Both p o l l u t i o n p r e v e n t i o n equipm e n t a n d t r a i n i n g p r o g r a m m e s have the p o t e n t i a l to b e c o m e the basis of a new i n d u s t r y while at the same
time p r o v i d i n g for the p r o t e c t i o n o f the N o r t h Sea.
increased
environmental
This paper is based on material included in a doctoral thesis, A Critical Assessment o f Poflution Control Laws Regulating the Development o f Petroleum Resources in the United Kingdom and Norwegian Sectors o f the North Sea, submitted to the University of
Edinburgh in partial fulfilment of the requirements for the degree of Ph.D. The author gratefully acknowledges the support of the University, the National Wildlife Federation and the Ford Foundation which made his research possible. The assistance of the Scandinavian Institute of Maritime Law is also appreciated. 1. Royal Decree of 8th December 1972 relating to Exploration for and Exploitation of Petroleum in the Seabed and Substrata of the Norwegian Continental Shelf (hereinafter, the 1972 Decree). This instrument replaces the Decree of 9 April 1965. 2. UK licences have been issued pursuant to the authority of the Petroleum (Production) Regulations, the instrument effective in 1976 (No. 1129) replacing earlier Regulations. 3. 1972Decree, Ss. 36 and 38; Petroleum (Production) Regulations, Schedule 5, Model Clause 17. A number of other instruments also provide the Governments with the authority to control the location of offshore installations and pipelines. 4. Petroleum (Production) Regulations 1976, Schedule 5, Model Clauses 20 and 21. S. 38 of the 1972 Decree authorizing the issuance of rules relating to pollution control has not been used as other authority is available. 5. Royal Decree of 3 October 1975, Relating to Safe Practices Etc. in Exploration and Drilling for Submarine Petroleum Resources (hereinafter, the 1975 Decree). This Decree replaces a similar instrument which was effective 25 August 1976. 6. 1975Decree, S. 57. 7.
Ibid.
8. Both the Norwegian Maritime Directorate and the Norwegian Petroleum Directorate have issued regulations pursuant to S. 2 of the 1975 Decree. 9. Royal Decree of 9 July 1976, Relating to Safe Practice for the Production Etc. of Submarine Petroleum Resources (hereinafter, the 1976 Decree). Regulations to be issued pursuant to the authority of the 1976 Decree are in preparation. 10. 1975Decree, S. 4; 1976 Decree, S. 5. 11. Schedule 2 of the Offshore Installations (Operational Safety, Health and Welfare) Regulations (1976 No. 1019) and S. 4 of the Offshore Installations (Emergency Procedures) Regulations (1976 No. 1542) require written drilling production procedures and the maintenance of an emergency procedure manual, respectively. Chapter IV of the 1975 Decree, "Contingencies", and Chapter 3 of the 1976 Decree, "Emergency Preparedness", are considerably more detailed than their British counterparts. Norwegian licensees are expressly charged with the duty of minimizing damage as well as restoring the environment "as nearly as possible to the same state as before the accident occurred". 1975 Decree, S. 42; 1976 Decree, S. 18. 12. S. 15. 13. Petroleum and Submarine Pipelines Act 1975, S. 45(2). 14. UK Department of the Environment, Central Unit on Environmental Pollution (1976). The Separation o f Oil from Water f o r North Sea Oil Operations, Pollution Paper No. 6, at p. 1, para. 3. H.M.S.O., London. 15. UK Department of Energy (1977). Development o f the Oil and Gas Resources o f the United Kingdom 1977, p. 16. H.M.S.O., London. "Large platforms capable of discharges in excess of 100 000 barrles per day are required to maintain an average oil content in their discharge of less than 40 ppm. Smaller platforms capable of discharges of between 1000and 100 000 barrels per day will be required to maintain oil content below 50 ppm average". 16. Hansard, H.L., Vol. 384, cols 994-995, 27 June 1977. It was explained that "(p)olicy on the prevention of oil pollution from offshore installations is intrinsically linked with government procedures relating to oil exploration and production", a revelation that in the writer's view is an argument that a change is needed rather than one which supports the status quo. 17. 1972 Decree, S. 59; 1975 Decree, S. 120; 1976 Decree, S. 130. S. 57 of the 1972 Decree, S. 119 of the 1975 Decree, and S. 129 of the 1976 Decree authorize licence revocation in the event of any serious or repeated violation of provisions therein. 18. 1975Decree, S. 3; 1976 Decree, S. 4. 19. Fleischer, C. A. (in press). Liability for Oil Pollution Damage Resulting from Offshore Operations. Scandinavian Studies in Law, 107-143, p. 109. However, it is possible that should the 'installation' be found to be a 'ship' (as might occur in the case of mobile installations), liability would be limited under inter155
Marine Pollution Bulletin national and national law. Norwegian legislation enabling acceptance of the 1976 Convention on Civil Liability for Oil Pollution Danage from Offshore Operations is expected to clarify the issue of liability standards and limits in respect of installations (including pipelines). 20. 1972 Decree, S. 51. This provision may extend the Norwegian law of torts by disregarding the control exercise over the activities of the tortfeasor by the licensee. 21. Mineral Workings (offshore Installations) Act 1971, S. 9; Offshore Installations (Operational Safety, Health and Welfare) Regulations, S. 34; Offshore Installations (Emergency Procedures) Regulations, S. 13; Prevention of Oil PolLution Act 1971, S. 3. Under the two sets of Regulations, an offence subjects the installation manager, the concession owner, the installation owner, and any other person in violation of the provisions therein to criminal prosecution. The Prevention of Oil Pollution Act 1971 provides that the pipeline owner or "the person carrying on the operations" shall, unless he proves one of the specified defences, be guilty of an offence. Licencerevocation is authorized pursuant to Model Clause 40, Schedule 5, of the Petroleum (Production) Regulations 1976. 22. The UK Department of Energy is presently drafting legislation which, if approved by Parliament, will enable UK ratification of the Convention. Acceptance of the Convention without reserv-
Marine Pollution Bulletin. Vo[. 9. pp. 156-162 "~ Pergamon Press Ltd. 1978. Printed in Great Britain
23.
24.
25. 26.
ation will require strict liability subject to enumerated exceptions. The Convention has recently been published by H.M.S.O. as Cmnd. 6791. For example, the 1967 Decree which preceded the 1975 Decree specified that drilling safety equipment be installed "as drilling operations deem them necessary :.n accordance with good oilfield practice". (S. 45(1)). The requirement is now that "drilling safety equipment shall be installed as and when drilling so necessitates and otherwise in accordance with the regulations at any time in force relating thereto". (S. 57) The UK did not replace the "good oilfield practice" standard contained'in the Petroleum (Production) Regulations when that instrument was revised in 1976, but the increasing number of regulations subordinate to the Mineral Workings (Offshore Installations) Act 1971 are creating a de facto amendment. Regulations for Manning of Norwegian Mobile Drilling Platforms with Installations and Equipment used for Drilling for Submarine Petroleum Resources, issued by the Norwegian Maritime Directorate, 28 February 1975. Regulations concerning production installations are being drafted. Schedule5, Model Clause 25. 1975 Decree, S. 39; 1976 Decree, S. 41; Offshore [nstallations (Emergency Procedures) Regulations 1976, S. 8.
0 0 2 5 - 3 2 6 X 78/0601-0156$02.00/0
Impact of Adsorbed Petroleum Hydrocarbons on Marine Organisms C. L. HO and H. K A R I M
Office o f Sea Grant Development, Center for Wetland Resources, Louisiana State University, Baton Rouge, LA 70803, U.S.A. Adsorptions of south Louisiana crude oil from seawater by clays, non-clay minerals and sediments were conducted in the laboratory. Effect of sediment-adsorbed and water dispersed crude oil on adult oysters were investigated in aquaria. Hydrocarbons in oyster tissues and surrounding water were identified by gas chromatography. Field specimens from an area of a new oil spill and an area five months after an oil spill were also analysed. Evidence of secondary chemical effect of aged oil in sediments on oyster mortality is presented. Oil coated asbestos surfaces severely reduced recruitment of sedentary larval organisms. T h e E a s t e r n or A t l a n t i c oyster, Crassostrea virginica G m e l i n , is the only species with c o m m e r c i a l value in L o u i s i a n a . C u l t i v a t i o n of oysters constitutes a multim i l l i o n d o l l a r i n d u s t r y a n n u a l l y . Breton S o u n d , east of the Mississippi River (Fig. 1), encompasses one of the m a j o r s t a t e - m a n a g e d seed oyster beds on which cultivation of m a r k e t a b l e q u a l i t y oysters depends. C o m m e r c i a l oyster beds are also leased to growers by a state agency (Pollard, 1973). N u m e r o u s oil wells a n d n e t w o r k s of pipelines have been in o p e r a t i o n in this area for m a n y years. C h r o n i c small oil spills are widespread due to oil well leakage, pipeline r u p t u r e a n d discharge f r o m boats. B a r a t a r i a Bay, west of the Mississippi River (Fig. 1), e n c o m p a s s e s a n o t h e r i m p o r t a n t oyster p r o d u c i n g g r o u n d of L o u i s i a n a . Oil wells, pipelines a n d drilling activities are c o m m o n features in this area. C h r o n i c oil spills as a result of activities of p e t r o l e u m i n d u s t r y m a y 156
have t a k e n place in some of the areas (e.g., Bayou Rigaud; Fig. 1), since law suits a n d c o m p l a i n t s were filed by oyster growers o n the g r o u n d of oil c o n t a m i n a tion of their oysters, thus causing them e c o n o m i c loss. Building of oil storage tanks o n marshes, c h a n n e l ization t h r o u g h them, discharge of millions of gallons of brine waste (Matthews, 1976) to channels in the nearshore zone of L o u i s i a n a have created a d d i t i o n a l stress to coastal ecosystems which serve as nursery g r o u n d s for fisheries. Oil films m a y or m a y not be visible in surface water in m a n y of these areas. Nevertheless, when b o t t o m sediments in a shallow c h a n n e l is stirred, a thick scum o f oil film m a y float to the surface. This indicates that oil m a y have been adsorbed o n t o s u s p e n d e d s e d i m e n t particles a n d s u b s e q u e n t l y precipitated to the b o t t o m sediments (DiSalvo & G u a r d , 1975). Effect of the sediment-adsorbed petroleum hydrocarbons on s e d e n t a r y o r g a n i s m s is not k n o w n in L o u i s i a n a , but could be l o n g - l a s t i n g so long as the oil remains in the sediments. T h e fact that osyter growers c o m p l a i n e d f r e q u e n t l y a b o u t the oily taste of their catches long after an oil spill, s u p p o r t s this hypothesis. T h e objectives of this investigation are to o b t a i n p r e l i m i n a r y i n f o r m a t i o n on: (1) the a d s o r p t i o n characteristics of crude oil by clay, n o n - c l a y minerals a n d sediments; (2) h y d r o c a r b o n a b s o r p t i o n by oysters f r o m s e d i m e n t - a d s o r b e d form a n d water dispersed form; (3) the n a t u r e of residual h y d r o c a r b o n s in oysters after d e p u r a t i o n in n a t u r a l water; (4) effect of p e t r o l e u m
Similarly, the overall a b u n d a n c e o f i n d i v i d u a l s a n d species per s a m p l e was within the expected ranges for areas where similar s e d i m e n t characteristics a n d s a m p l i n g m e t h o d s prevailed.
Conclusions T h e survey h a d two aims: to p r o v i d e benthic ecological d a t a as b a c k g r o u n d to m a n ' s p o s s i b l e future usage o f the C o v e a n d to assess the state o f the b e n t h i c c o m m u n i t y in the a f t e r m a t h o f earlier o r g a n i c p o l l u t i o n . A n o t h e r p u b l i c a t i o n will deal m o r e fully with the first objective. A l t h o u g h no i n f o r m a t i o n is a v a i l a b l e in the l i t e r a t u r e c o n c e r n i n g the b e n t h o s d u r i n g w h a l i n g times, that the b e n t h o s was adversely a f f e c t e d is s t r o n g l y suggested by c o m p a r i n g evidence f r o m S w e d e n a n d S o u t h A f r i c a . Since the C o v e s i t u a t i o n now a p p e a r s n o r m a l for an A n t a r c t i c s i t u a t i o n , it m u s t be c o n c l u d e d that the m a c r o b e n t h i c c o m m u n i t y has recovered to a state indiscernible f r o m the n a t u r a l within s o m e eight years a f t e r p o l l u t i o n ceased. C o n s e q u e n t l y , there seems no r e a s o n to suggest that these l o w - t e m p e r a t u r e ecosystems are m a r k e d l y less able to recover f r o m this f o r m o f e n v i r o n m e n t a l stress t h a n m o r e t e m p e r a t e equivalents. If correct, this o b s e r v a t i o n m a y have i m p o r t a n t implications in terms o f benthic p r o d u c t i o n a n d p h y s i o l o g i c a l a d a p t a t i o n to the p o l a r e n v i r o n m e n t . Barnett, P. R. O. & Hardy, B. L. S. (1967). A diver-operated quantitative bottom sampler for sand macrofaunas. Helgoli~nder wiss. Meeresunters., 15,390-398. Curtis, M. A. (1975). The marine benthos of arctic and sub-arctic continental shelves. Polar Rec., 17, 595-626.
Marine PollutionBullettn. Vol.9. pp. 153-156 ~ PergamonPressLtd. 1978.Printed in Great Britain
Christie, N. D. & Moldan. A. (1977). Effects of fish factory effluent on the benthic m a c r o f a u n a of Saldanha Bay. Mar. Pollut. Bull., 8, 41--45. Everson, 1. (1977). Antarctic marine secondary production and the p h e n o m e n o n of cold adaptation. Phil. Trans. R. Soc. B., 279,
55-66. Gallardo, V. A. & Castillo, T. G. (1968). Mass mortalit~ in the benthic infauna of Port Foster resulting from the eruptions in Deception Island (South Shetland Islands). PubL Inst. antdrt, chil., 16, 11. Green, S. W. (1964). The vascular flora of South Georgia. British A ntarctic Survey Scientific Reports, 45, 58. Hardy, A. (1967). Great Waters. Collins, London. Hardy, P. (1972). Biomass estimates for some shallow-water infaunal communities at Signy Island, South Orkney Islands. British A ntarctic Survey Bulletin, 31, 93-106. Lewis Smith, R. 1. & "~'alton, D. XV. H. (1975). South Georgia, Subantarctic. In Structure and Function o f Tundra Ecosystems RosswaH, T. & H e a l O. W. (eds.). Ecol. Bull (Stockholm), 20, 399-423. Mackie, P. R., Platt, H. M. & Hardy, R. (1978). Hydrocarbons in the
marine environment. II. Distribution of n-alkanes in the fauna and environment of the sub-Antarctic island of South Georgia. Estuar. Coastal mar. Sci., in press. Mackintosh, N. A. (1965). The Stocks of Whales. Fishing News (Books), London. Mills, E. L. (1975). Benthic organisms and the structure of marine ecosystems. J. Fish. Res. Bd Can., 32, 1657-1663. Ommanney, F. D. (1971). Lost Leviathan. Hutchinson, London. Platt, H. M. (1978). Ecology of King Edward Cove, South Georgia: Macrobenthos and the benthic environment. Brit. Antarct. Survey Bull., in press. Rosenberg, R. (1976). Benthic faunal dynamics during succession following pollution abatement in a Swedish estuary. Oikos, 27, 414--427. Rosenberg, R. (1977). Benthic macrofaunal dynamics, production, and dispersion in an oxygen-deficient estuary of West Sweden. J. exp. mar. BioL Ecol., 26, 107-133. Thorson, G. (1936). The larval development, growth, and metabolism of Arctic marine bottom invertebrates. Meddr. Gronland. 100, 1-155. Zenkevich, L. A. (1963). Biology of the seas of the USSR. Allen & Unwin, London.
0025-326X/78/0601-0153502.00/0
Legal Control of Pollution from North Sea Petroleum Development VICTOR FITZMAURICE D e p a r t m e n t o f P u b l i c International L a w , University o f E d i n b u r g h , S o u t h Bridge, E d i n b u r g h E H 8 9 Y L , S c o t l a n d
Norwegian and British laws relevant to the control of marine pollution from North Sea petroleum development are briefly described. The emergence of law intended to reduce the probability of pollution from equipment failure or human error is noted, and suggestions are made to increase the effectiveness of this approach.
The Weight Accorded to Pollution Prevention
A n i n v e s t i g a t i o n by the N o r w e g i a n G o v e r n m e n t is now in p r o g r e s s to a s c e r t a i n the cause o f the E k o f i s k blowout a n d to r e c o m m e n d a c t i o n to r e d u c e the p r o b a b i l i t y o f f u t u r e incidents. W h e t h e r the cause is f o u n d to be e q u i p m e n t failure, h u m a n e r r o r or a c o m b i n a t i o n o f the two, it is suggested t h a t the cause itself will be f o u n d to be m e r e l y the c u l m i n a t i o n o f events w h i c h themselves m u s t be e x p l a i n e d . This p a p e r e x a m i n e s the role o f law in r e g u l a t i n g t w o factors t h o u g h t to be i m p o r t a n t d e t e r m i n a n t s o f the p r o b a b i l i t y o f p o l l u t i o n f r o m
G o v e r n m e n t s c a n use law to i m p l e m e n t their p o l l u t i o n p r e v e n t i o n policies by p r e s c r i b i n g s t a n d a r d s a n d practices, a n d b y p r o v i d i n g f o r c r i m i n a l or civil liability in the event o f n o n - c o m p l i a n c e . T h e resulting f r a m e w o r k will reflect the weight G o v e r n m e n t a c c o r d s p o l l u t i o n p r e v e n t i o n a n d i n d i c a t e the interest w h i c h i n d u s t r y is likely t o t a k e in p u r s u i n g this objective. Norwegian a n d British s t a n d a r d s a n d practices i n t e n d e d to p r e v e n t p o l l u t i o n c a u s e d by s e a b e d o p e r a tions are evolving. T h e earliest law was i n t e n d e d to r e g u l a t e the c o n d u c t o f licensees. T h e N o r w e g i a n
s e a b e d o p e r a t i o n s in the N o r w e g i a n a n d U n i t e d K i n g d o m sectors o f the N o r t h Sea: (1) the weight a c c o r d e d to p o l l u t i o n p r e v e n t i o n a n d , (2) the level o f technical expertise.
153
Marine Pollution Bulletin Decree of 1972 contains detailed provisions; ~ the UK approach was to embody specific requirements in Model Clauses inserted in licences 2. Several provisions in these instruments providing for Government authority over the licensee's activities are relevant to pollution control. For example, both instruments authorize Government control of installation siting, a power clearly relevant to the prevention of pollution which might occur as the result of a vessel-installation collision 3. The Petroleum (Production) Regulations contain provisions expressly concerned with marine pollution control, but the licensee's obligation is quite general, for example, the requirement that he 'execute all operations in or in connection with the licensed area in a proper and workmanlike manner in accordance with methods and practice customarily used in good oilfield practice' and that he take all steps 'practicable' to prevent the escape of petroleum 4. Under both the Norwegian and British approaches, the safety and pollution prevention provisions contained in instruments concerned with the licensee are complemented by requirements in other instruments enacted to promote safe offshore operations. The highly detailed 1975 Norwegian Decree relating to safe drilling practices 5 requires that during drilling, all necessary steps be taken to prevent such accidents as explosions or blowouts which might cause pollution. 6 Specific requirements are set out in the 1975 Decree (for example, the prohibition of drilling without blowout preventors) 7 as well as in subordinate regulations, s A Decree concerned with safety in production operations was enacted in 1976. 9 Both the drilling safety and production safety Decrees contain a provision which requires that 'special care' be taken to avoid pollution. I° The UK Mineral Workings (Offshore Installations) Act 1971 is much briefer than the Norwegian Decrees, relying upon subordinate instruments to incorporate detail. Included in this growing body of regulations are provisions concerned with blowout prevention and emergency procedures analogous to those found in the Norwegian Decrees.X~ The Norwegian and British approaches to the control of effluent discharges associated with production operations are similar. The 1976 Decree requires the licensee to 'purify' effluents in accordance with requirements set by the Ministry of Environment. ~2 Discharge standards for oily water effluents vary with each installation, depending in part upon the state of technology at the time of initial production. Thus, although the Ekofisk and the Statfjord Field licensees will be required to minimize oil discharged in connection with production according to the 'best available' technology, the former field which started production in 1971 will not be subject to the stricter discharge criteria planned for Statfjord. Under the British system, the absolute prohibition of oily discharges from installations provided by the Prevention of Oil Pollution Act 1971 has been qualified by a section of the Petroleum and Submarine Pipelines Act 1975 which permits the Secretary of State to make exemptions. ~3 The Department of Energy policy is that operators use the 'best practicable' means to minimize oil in discharged effluent. 14 The Department has recently stated that 'operators are normally required to 154
maintain the oil content of any discharge below an average of 40-50 ppm, and below 100 ppm for 96% of the time', depending upon the volume of the discharge.~S Although Norway has not yet published discharge standards, an official of the State Pollution Control Authority indicated to the writer that the Authority is considering a similar formula. The significant difference between the two approaches is the potential for a conflict of interest under the UK scheme. Whereas in Norway the Ministry of Environment is charged with standard setting, in the UK the Department of Energy must weigh the need for environmental protection against that of their primary task, the production of energy. This point was recently raised in the House of Lords, but a spokesman for Her Majesty's Government indicated that it was not a cause for concern and that 'there would be no advantage to be gained' in separating responsibility for oil production from that for prevention of oil pollution. 16 Violations of the laws described above may be an offence under penal law as well as resulting in licence loss. Under the Norwegian system, the licensee is subject to penal sanctions in the event that any of the above-menti6ned Decrees is violated, ~v and the 1975 and 1976 Decrees provide that he is responsible for the activities of a n y o n e carrying out activities for him, even independent contractors or subcontractors. ~s It is likely that under the present Norwegian law of torts, liability for pollution damage would be strict and unlimited. ~9 The licensee, the tortfeasor and the latter's employer would be jointly and severally liable for 'damage or inconvenience' caused by offshore operations. 2° British penal law applicable to the Acts and Regulations discussed above, though similar to that of Norway, differs in respect of persons subject to prosecution, zl Civil liability for pollution damage is subject to some uncertainty. At the present time it is questionable whether a British court would consider offshore oil development an ultrahazardous activity and therefore subject to a strict liability standard. This question will be resolved upon the enactment of legislation enabling Her Majesty's Government to ratify the 1976 Convention on Civil Liability for Oil Pollution Damage from Offshore Operations--at least for the important but limited case of damage caused by crude oil. 22
The Level of Technical Expertise Government establishment of technical standards for offshore oil development has been slow because it is the research and development efforts of the petroleum industry itself which to a great extent determine what is 'practicable'. Early law frequently employed the general industry standard, 'good oilfield practice' for procedures and equipment. This is changing, to some extent, as data derived from sources outside the petroleum industry, such as the Warren Spring Laboratory in the UK and vessel classification societies, become available to Governments. 23 Nevertheless, well-known examples of technological limitations which inhibit legal protection of the environment (such as standards possible for oil in effluent discharged from production platforms or the limited effectiveness of mechanical oil slick removal
Volume 9/Number 6/June 1978 e q u i p m e n t ) illustrate the need for intensified e f f o r t s - a n d p e r h a p s a new a p p r o a c h . Recent laws p r o v i d i n g for personnel q u a l i f i c a t i o n s are of p a r t i c u l a r i m p o r t a n c e to the r e d u c t i o n o f m a r i n e p o l l u t i o n a t t r i b u t a b l e to h u m a n error. T h e m o s t i m p o r t a n t o f the N o r w e g i a n laws presently in force requires that e m p l o y m e n t as a drill floor m a n be preceded by a theoretical a n d practical course of at least six weeks' d u r a t i o n i n c l u d i n g , a m o n g other subjects, b l o w o u t p r e v e n t i o n control. 24 I n the UK, a new M o d e l Clause in the Petroleum (Production) Regulations 1976 authorizes the Minister to issue i n s t r u c t i o n s to the licensee c o n c e r n i n g t r a i n i n g of employees. 25 Both G o v e r n m e n t s n o w require emergency drills as well. 26
Conclusion T h e present N o r w e g i a n a n d U n i t e d K i n g d o m legal regimes o f p o l l u t i o n c o n t r o l f r o m offshore p e t r o l e u m o p e r a t i o n s are n o t a b l e m o r e for their similarities t h a n their differences. E a c h sets out s t a n d a r d s a n d procedures a n d a t t e m p t s to p r o m o t e c o m p l i a n c e t h r o u g h the use of c r i m i n a l a n d c o n c e s s i o n a r y penalties, as well as by p e r m i t t i n g actions for damages. However, e n f o r c e m e n t r e m a i n s a weak point, a n d at present the o p p o r t u n i t i e s to recover c o m p e n s a t i o n for d a m a g e to the e n v i r o n m e n t are limited if a p r o p e r t y interest c a n n o t be proved. T h e initial legal f r a m e w o r k is being c o m p l e m e n t e d by emerging law which will reduce the p r o b a b i l i t y o f pollution resulting f r o m e q u i p m e n t failure or h u m a n error. It is suggested that efforts to i m p r o v e the legal p r o t e c t i o n of the N o r t h Sea e n v i r o n m e n t could be p r o f i t a b l y c o n c e n t r a t e d in the latter area. T e c h n o l o g i c a l i m p r o v e m e n t of e q u i p m e n t could be accelerated by enlisting the assistance of the scientific c o m m u n i t y a n d the marketplace. P e r f o r m a n c e objectives w o u l d be based o n a scientific d e t e r m i n a t i o n of the need for e n v i r o n m e n t a l protection. Bids w o u l d then be solicited f r o m all interested p a r t i e s - - i n d i v i d u a l , corporate, i n s t i t u t i o n a l , G o v e r n m e n t a l - - f o r the design a n d c o n s t r u c t i o n of e q u i p m e n t which w o u l d meet the specified objectives. It m a y h a p p e n that the desired objectives entail too high a cost, or are b e y o n d the limits of present technology. These are present l i m i t a t i o n s as well, however, a n d it is suggested that the p r o p o s e d scheme w o u l d lessen their i n f l u e n c e by i n t r o d u c i n g empiricism a n d c o m p e t i t i o n to the quest for e n v i r o n mental protection. A similar strategy is p r o p o s e d to i m p r o v e s t a n d a r d s for p e r s o n n e l p e r f o r m a n c e . It is suggested that the desirable b u t vague goal of ' n o p o l l u t i o n f r o m h u m a n error' be distilled into behavioural objectives. Behavioural objectives are m e a s u r e a b l e a n d w o u l d therefore greatly facilitate the assessment of t r a i n i n g needs a n d p e r s o n n e l development programmes. The establishment of b e h a v i o u r a l objectives a n d r e s u l t a n t t r a i n i n g prog r a m m e s by scientists, i n d u s t r y a n d G o v e r n m e n t w o u l d cost m o n e y . H o w e v e r , schemes which can be d e m o n strated to reduce m a r i n e p o l l u t i o n caused by h u m a n error w o u l d have c o m m e r c i a l value which, to some extent, c o u l d offset the costs i n c u r r e d in their developm e n t a n d a p p l i c a t i o n . Both p o l l u t i o n p r e v e n t i o n equipm e n t a n d t r a i n i n g p r o g r a m m e s have the p o t e n t i a l to b e c o m e the basis of a new i n d u s t r y while at the same
time p r o v i d i n g for the p r o t e c t i o n o f the N o r t h Sea.
increased
environmental
This paper is based on material included in a doctoral thesis, A Critical Assessment o f Poflution Control Laws Regulating the Development o f Petroleum Resources in the United Kingdom and Norwegian Sectors o f the North Sea, submitted to the University of
Edinburgh in partial fulfilment of the requirements for the degree of Ph.D. The author gratefully acknowledges the support of the University, the National Wildlife Federation and the Ford Foundation which made his research possible. The assistance of the Scandinavian Institute of Maritime Law is also appreciated. 1. Royal Decree of 8th December 1972 relating to Exploration for and Exploitation of Petroleum in the Seabed and Substrata of the Norwegian Continental Shelf (hereinafter, the 1972 Decree). This instrument replaces the Decree of 9 April 1965. 2. UK licences have been issued pursuant to the authority of the Petroleum (Production) Regulations, the instrument effective in 1976 (No. 1129) replacing earlier Regulations. 3. 1972Decree, Ss. 36 and 38; Petroleum (Production) Regulations, Schedule 5, Model Clause 17. A number of other instruments also provide the Governments with the authority to control the location of offshore installations and pipelines. 4. Petroleum (Production) Regulations 1976, Schedule 5, Model Clauses 20 and 21. S. 38 of the 1972 Decree authorizing the issuance of rules relating to pollution control has not been used as other authority is available. 5. Royal Decree of 3 October 1975, Relating to Safe Practices Etc. in Exploration and Drilling for Submarine Petroleum Resources (hereinafter, the 1975 Decree). This Decree replaces a similar instrument which was effective 25 August 1976. 6. 1975Decree, S. 57. 7.
Ibid.
8. Both the Norwegian Maritime Directorate and the Norwegian Petroleum Directorate have issued regulations pursuant to S. 2 of the 1975 Decree. 9. Royal Decree of 9 July 1976, Relating to Safe Practice for the Production Etc. of Submarine Petroleum Resources (hereinafter, the 1976 Decree). Regulations to be issued pursuant to the authority of the 1976 Decree are in preparation. 10. 1975Decree, S. 4; 1976 Decree, S. 5. 11. Schedule 2 of the Offshore Installations (Operational Safety, Health and Welfare) Regulations (1976 No. 1019) and S. 4 of the Offshore Installations (Emergency Procedures) Regulations (1976 No. 1542) require written drilling production procedures and the maintenance of an emergency procedure manual, respectively. Chapter IV of the 1975 Decree, "Contingencies", and Chapter 3 of the 1976 Decree, "Emergency Preparedness", are considerably more detailed than their British counterparts. Norwegian licensees are expressly charged with the duty of minimizing damage as well as restoring the environment "as nearly as possible to the same state as before the accident occurred". 1975 Decree, S. 42; 1976 Decree, S. 18. 12. S. 15. 13. Petroleum and Submarine Pipelines Act 1975, S. 45(2). 14. UK Department of the Environment, Central Unit on Environmental Pollution (1976). The Separation o f Oil from Water f o r North Sea Oil Operations, Pollution Paper No. 6, at p. 1, para. 3. H.M.S.O., London. 15. UK Department of Energy (1977). Development o f the Oil and Gas Resources o f the United Kingdom 1977, p. 16. H.M.S.O., London. "Large platforms capable of discharges in excess of 100 000 barrles per day are required to maintain an average oil content in their discharge of less than 40 ppm. Smaller platforms capable of discharges of between 1000and 100 000 barrels per day will be required to maintain oil content below 50 ppm average". 16. Hansard, H.L., Vol. 384, cols 994-995, 27 June 1977. It was explained that "(p)olicy on the prevention of oil pollution from offshore installations is intrinsically linked with government procedures relating to oil exploration and production", a revelation that in the writer's view is an argument that a change is needed rather than one which supports the status quo. 17. 1972 Decree, S. 59; 1975 Decree, S. 120; 1976 Decree, S. 130. S. 57 of the 1972 Decree, S. 119 of the 1975 Decree, and S. 129 of the 1976 Decree authorize licence revocation in the event of any serious or repeated violation of provisions therein. 18. 1975Decree, S. 3; 1976 Decree, S. 4. 19. Fleischer, C. A. (in press). Liability for Oil Pollution Damage Resulting from Offshore Operations. Scandinavian Studies in Law, 107-143, p. 109. However, it is possible that should the 'installation' be found to be a 'ship' (as might occur in the case of mobile installations), liability would be limited under inter155
Marine Pollution Bulletin national and national law. Norwegian legislation enabling acceptance of the 1976 Convention on Civil Liability for Oil Pollution Danage from Offshore Operations is expected to clarify the issue of liability standards and limits in respect of installations (including pipelines). 20. 1972 Decree, S. 51. This provision may extend the Norwegian law of torts by disregarding the control exercise over the activities of the tortfeasor by the licensee. 21. Mineral Workings (offshore Installations) Act 1971, S. 9; Offshore Installations (Operational Safety, Health and Welfare) Regulations, S. 34; Offshore Installations (Emergency Procedures) Regulations, S. 13; Prevention of Oil PolLution Act 1971, S. 3. Under the two sets of Regulations, an offence subjects the installation manager, the concession owner, the installation owner, and any other person in violation of the provisions therein to criminal prosecution. The Prevention of Oil Pollution Act 1971 provides that the pipeline owner or "the person carrying on the operations" shall, unless he proves one of the specified defences, be guilty of an offence. Licencerevocation is authorized pursuant to Model Clause 40, Schedule 5, of the Petroleum (Production) Regulations 1976. 22. The UK Department of Energy is presently drafting legislation which, if approved by Parliament, will enable UK ratification of the Convention. Acceptance of the Convention without reserv-
Marine Pollution Bulletin. Vo[. 9. pp. 156-162 "~ Pergamon Press Ltd. 1978. Printed in Great Britain
23.
24.
25. 26.
ation will require strict liability subject to enumerated exceptions. The Convention has recently been published by H.M.S.O. as Cmnd. 6791. For example, the 1967 Decree which preceded the 1975 Decree specified that drilling safety equipment be installed "as drilling operations deem them necessary :.n accordance with good oilfield practice". (S. 45(1)). The requirement is now that "drilling safety equipment shall be installed as and when drilling so necessitates and otherwise in accordance with the regulations at any time in force relating thereto". (S. 57) The UK did not replace the "good oilfield practice" standard contained'in the Petroleum (Production) Regulations when that instrument was revised in 1976, but the increasing number of regulations subordinate to the Mineral Workings (Offshore Installations) Act 1971 are creating a de facto amendment. Regulations for Manning of Norwegian Mobile Drilling Platforms with Installations and Equipment used for Drilling for Submarine Petroleum Resources, issued by the Norwegian Maritime Directorate, 28 February 1975. Regulations concerning production installations are being drafted. Schedule5, Model Clause 25. 1975 Decree, S. 39; 1976 Decree, S. 41; Offshore [nstallations (Emergency Procedures) Regulations 1976, S. 8.
0 0 2 5 - 3 2 6 X 78/0601-0156$02.00/0
Impact of Adsorbed Petroleum Hydrocarbons on Marine Organisms C. L. HO and H. K A R I M
Office o f Sea Grant Development, Center for Wetland Resources, Louisiana State University, Baton Rouge, LA 70803, U.S.A. Adsorptions of south Louisiana crude oil from seawater by clays, non-clay minerals and sediments were conducted in the laboratory. Effect of sediment-adsorbed and water dispersed crude oil on adult oysters were investigated in aquaria. Hydrocarbons in oyster tissues and surrounding water were identified by gas chromatography. Field specimens from an area of a new oil spill and an area five months after an oil spill were also analysed. Evidence of secondary chemical effect of aged oil in sediments on oyster mortality is presented. Oil coated asbestos surfaces severely reduced recruitment of sedentary larval organisms. T h e E a s t e r n or A t l a n t i c oyster, Crassostrea virginica G m e l i n , is the only species with c o m m e r c i a l value in L o u i s i a n a . C u l t i v a t i o n of oysters constitutes a multim i l l i o n d o l l a r i n d u s t r y a n n u a l l y . Breton S o u n d , east of the Mississippi River (Fig. 1), encompasses one of the m a j o r s t a t e - m a n a g e d seed oyster beds on which cultivation of m a r k e t a b l e q u a l i t y oysters depends. C o m m e r c i a l oyster beds are also leased to growers by a state agency (Pollard, 1973). N u m e r o u s oil wells a n d n e t w o r k s of pipelines have been in o p e r a t i o n in this area for m a n y years. C h r o n i c small oil spills are widespread due to oil well leakage, pipeline r u p t u r e a n d discharge f r o m boats. B a r a t a r i a Bay, west of the Mississippi River (Fig. 1), e n c o m p a s s e s a n o t h e r i m p o r t a n t oyster p r o d u c i n g g r o u n d of L o u i s i a n a . Oil wells, pipelines a n d drilling activities are c o m m o n features in this area. C h r o n i c oil spills as a result of activities of p e t r o l e u m i n d u s t r y m a y 156
have t a k e n place in some of the areas (e.g., Bayou Rigaud; Fig. 1), since law suits a n d c o m p l a i n t s were filed by oyster growers o n the g r o u n d of oil c o n t a m i n a tion of their oysters, thus causing them e c o n o m i c loss. Building of oil storage tanks o n marshes, c h a n n e l ization t h r o u g h them, discharge of millions of gallons of brine waste (Matthews, 1976) to channels in the nearshore zone of L o u i s i a n a have created a d d i t i o n a l stress to coastal ecosystems which serve as nursery g r o u n d s for fisheries. Oil films m a y or m a y not be visible in surface water in m a n y of these areas. Nevertheless, when b o t t o m sediments in a shallow c h a n n e l is stirred, a thick scum o f oil film m a y float to the surface. This indicates that oil m a y have been adsorbed o n t o s u s p e n d e d s e d i m e n t particles a n d s u b s e q u e n t l y precipitated to the b o t t o m sediments (DiSalvo & G u a r d , 1975). Effect of the sediment-adsorbed petroleum hydrocarbons on s e d e n t a r y o r g a n i s m s is not k n o w n in L o u i s i a n a , but could be l o n g - l a s t i n g so long as the oil remains in the sediments. T h e fact that osyter growers c o m p l a i n e d f r e q u e n t l y a b o u t the oily taste of their catches long after an oil spill, s u p p o r t s this hypothesis. T h e objectives of this investigation are to o b t a i n p r e l i m i n a r y i n f o r m a t i o n on: (1) the a d s o r p t i o n characteristics of crude oil by clay, n o n - c l a y minerals a n d sediments; (2) h y d r o c a r b o n a b s o r p t i o n by oysters f r o m s e d i m e n t - a d s o r b e d form a n d water dispersed form; (3) the n a t u r e of residual h y d r o c a r b o n s in oysters after d e p u r a t i o n in n a t u r a l water; (4) effect of p e t r o l e u m